Judicial Protection of Fundamental Rights on the Internet

Oreste Pollicino is Professor of Constitutional Law at Bocconi University and Member of the Executive Board, EU Agency for Fundamental Rights, Vienna.

1. Technology and Judges Across the Atlantic
I. The Amplification of Judicial Momentum
II. Metaphors, Judicial Frames and Cyberspace
III. Jurisdictions, Territory and Cyberspace
IV. Freedom of Expression, Privacy and Data Protection Across the Atlantic
V. Conclusions
2. Judges and Freedom of Expression: From Atoms to Bits Across the Atlantic
I. Freedom of Expression in Action
II. The US Judicial Landscape of Freedom of Expression
III. The European Judicial Landscape of Freedom of Expression
A. The Jurisprudence of the Strasbourg Court
B. The Jurisprudence of the CJEU
IV. Concluding Remarks: Transatlantic Frames Compared and the Need for Care when Handling Metaphors
3. Judges, Privacy and Data Protection: From Atoms to Bits Across the Atlantic
I. Privacy and Data Protection in Action
II. Stagnation in the US and the European Metamorphosis
III. The EU Judicial Enforcement of Digital Privacy: A New Frame?
A. Digital Rights Ireland
B. Google Spain
C. Schrems
IV. The European Personal Data Fortress
V. Conclusions
4. The Judicial Bridges of Privacy and Speech in the Information Society
I. Judicial Momentum at the Intersection
II. The Drawbridge of the European Fortress
III. Judicial Protection of Speech and Data on a Global Scale
IV. The Stagnation in the US
V. Digital Sovereignty Across the Atlantic and Beyond
VI. Conclusions
5. The Courts and Private Powers in the World of Bits: Towards Digital Constitutionalism?
I. The Rise and Amplification of Judicial Activism
II. The Courts and Private Power in the Digital Era
A. Algorithms and Freedom of Expression
B. Algorithms and Data Protection
III. Digital Constitutionalism in Action: Which Remedies can be Invoked against the Emergence of Digital Private Powers?
IV. Conclusions